ATOS Assessment

[bluebottle]

Re: ATOS Assessment

I totally agree with Cloggy about reporting the nurse to the NMC. However, I suspect it was someone else within ATOS who changed the report after the assessment had been completed. If a DWP Decision Maker places undue emphasis and weight on a nurse's report over that of a doctor, including hospital consultant, that is an error in law and they can be challenged over this.

Notwithstanding, Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair hearing. All rights under ECHR are inalienable, meaning they cannot be taken away from you, and inviolate, meaning they cannot be breached. Article 17 prohibits destruction of your Convention rights and Article 18 puts the damper on any attempt to restrict your Convention rights. Section 6, Human Rights Act 1998 makes it unlawful for any government agency or department, or commercial entity acting on behalf of a government agency or department or any person acting for or on behalf of a government agency or department to do any act that is incompatible with your Convention rights, that is, they try to deprive you of your rights, or restrict them or breach them. Can you imagine the look on the faces of DWP staff, ATOS staff and their "disability analysts" when they discover they are answerable under the HRA and can be held to account?

A Rule 35 statement will piss-off ATOS and DWP as it turns the tables on them and forces them to prove to a tribunal that the claimant's healthcare professionals are wrong.

If you need professional legal advice and/or representation in connection with this matter, click on the link for the National Pro Bono Centre in Cloggy's posts. They provide free legal advice and representation if you cannot afford to pay for legal costs or are ineliigble for legal aid.

[SpringerSpaniel]

Re: ATOS Assessment

You can also usually get free legal advice about a benefits appeal from a Law Centre, if there is one near you:
www.lawcentres.org.uk

If you are in Scotland, there is a network of law centres there too but the details are separate. Govan Law Centre have been very involved in challenging benefit cuts.

If you are in England or Wales, and you cannot resolve this within a reasonable time, with free advice or via your MP, Public Law in Birmingham were the solicitors in the 'Poundland' case against DWP. Your partner may well qualify for legal aid due to the nature of her disability.

I will post again re legal and policy issues over the weekend, but the priority is for your partner to get her benefit restored and for you both to maximise the income you receive.

[bluebottle]

Re: ATOS Assessment

,,, Because the buggers tend to "lose" such statements.

You can have some fun tying DWP up in knots when they claim to have "lost" statements. If they claim to have "lost" documents, try asking them -

"Am I to understand from your admission the Department of Work and Pensions has lost [document], you are admitting the Department has breached the Data Protection Act 1998?"

They seem to miraculously find the documents they claim to have lost. However, do listen to where they claim to have found them. If they claim to have found it in a stationery cupboard or anywhere other than a secure filing cabinet, which is where they are supposed to store such documents when not required for decision-making or review purposes, make a note and ask them what it is doing out of a secure filing cabinet. Then report the matter to the ICO as this would raise questions relating to security of personal data.

[bluebottle]

Re: ATOS Assessment

Would you buy a used car from this creature?

Or would you reach for a crucifix and an oaken stake to hammer through his chest?

Ian was somewhat upset when told by Speaker Bercow he had failed the audition for the part of the villain in the House of Commons Christmas Panto, but was perfect for the back end of the pantomime cow. :grin:

[SpringerSpaniel]

Re: ATOS Assessment

I think he'd fail in that role: an as*e is useful.

[bluebottle]

Re: ATOS Assessment

I think he'd fail in that role: an as*e is useful.

I don't think anyone would disagree he is full of s**t.

[CleverClogs]

Re: ATOS Assessment

I don't think anyone would disagree he is full of s**t.

Soot?

[bluebottle]

Re: ATOS Assessment

Soot?

Sounds like "twit".

[Kevmc]

Re: ATOS Assessment

Well I have heard back today regarding my partners mandatory reconsideration, after almost 7 weeks of waiting, the outcome of this is: after getting 0 points from the WCA she is now placed in the WRAG, We are both still unhappy with this and we have asked the GP for a Regulation 35 Statement. My argument is still, she has has never worked or ever been in this type of enviroment, nor at anytime has she ever had to submit a medical certificate and she was previously on severe disability allowance, surely her being on this benefit tells you she should have been placed in the support group.

on another matter I am sure most of you are aware 19th Feb 2014 is national ATOS day. Need as many people as possible to protest against these monsters.

www.ukrebellion.com/atosdemo

the work and pensions Commitee are to hold an inquiry into the ESA, WCA AND also how these are discriminating people with mental health, learning difficulties and autsim, everyone is invited to submit their comments to the inquiry and I would encourage everyone t do so. The link to do this is

http://www.parliament.uk/business/co...-wca-inq-2014/


to jump jump straight to submitting this

http://www.parliament.uk/business/co...bmission-form/

[bluebottle]

Re: ATOS Assessment

What DWP Decision Makers and ATOS either do not realise or do and hope you do not is that they are subject to Human Rights legislation and conventions. This means they must deal with your affairs in a timely fashion and you must be given a fair hearing, which includes making available all information they have to enable you to present your case.

I see no reason why the DWP should not provide you with any decision-making notes ATOS may have provided them with to enable you to ensure a fair hearing and that they have provided you with all information they hold.

However, try the Regulation 35 Statement first. If DWP and ATOS cannot prove the GP wrong, in a nutshell, they are stuffed. Best of luck.

[Kevmc]

Re: ATOS Assessment

Well we managed to get a reg 35 from the doctor, am I correct in thinking the dwp have to accept the reg 35 and place my partner in the support group?

[bluebottle]

Re: ATOS Assessment

Well we managed to get a reg 35 from the doctor, am I correct in thinking the dwp have to accept the reg 35 and place my partner in the support group?

They have to prove the doctor is wrong first. If they cannot do that and cannot show valid and lawful reasons why your partner is allegedly fit for work, even in a limited capacity, then, yes, they would have to put them in the Support Group. Rule 35 forces DWP and ATOS to prove their case with hard evidence, not throwaway comments generated by some controversial and dodgy piece of computer software and disingenuous managers who are known to change reports so that they are favourable to DWP. This was exposed last year by Dr Greg Wood.

[buds68]

Re: ATOS Assessment

Hi is there anyone out there to help please ,i have been waiting for a assesment from atos for nearly 7 months now ive tried phoning an complaining but getting no where,im living on the breadline an now at the lowest point in my life thinking of ending it all !!!!

[bluebottle]

Re: ATOS Assessment

Hi is there anyone out there to help please ,i have been waiting for a assesment from atos for nearly 7 months now ive tried phoning an complaining but getting no where,im living on the breadline an now at the lowest point in my life thinking of ending it all !!!!

Hi Buds,

Both ATOS and DWP are subject to Article 6 of the Rome Convention, which you may know better as the European Convention on Human Rights. This requires that the State deals with the affairs of an individual in a timely manner. There is no way that seven months can be said to be dealing with someone's affairs in a timely manner. I am aware that ATOS have a backlog of cases. However, Section 6, Human Rights Act 1998 makes it unlawful for any public authority, which includes DWP and ATOS, to perform any act that is incompatible with a person's Convention rights.

I note you have complained, but appear to be banging your head against a brick wall. Have you spoken to your MP about pursuing a complaint with the Parliamentary Ombudsman for maladministration on the part of DWP? I cannot make any guarantees, but there is nothing to be lost by approaching your MP and asking them to put a rocket up the DWP's and ATOS's jacksies.

From what you have said at the end of your post, I am very concerned by what you have said. You are a human being and are entitled to be treated as such, even though certain politicians think they can get away with treating people as they like. What health issue is causing you to be unable to work?

[wales01man]

Re: ATOS Assessment

BB have you read the latest news on ATOS?